Motor Vehicles Act, 1988, Section 149 , 170 -- Civil Procedure Code, 1908, Order 41 Rule 33 - Quantum of compensation - Appeal by claimant - Neither owner nor driver of vehicle nor insurance company filed any appeal - Insurance company would have no right to question the quantum of compensation in absence of any leave having been granted in its favour in terms of Section..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of two cheques - Joint complaint - Maintainability of - Held, as per S.219 Cr.P.C. if the offences are of same kind and punishable with same punishment under same section, court can try these offences of same kind committed within a year together - In present case, both..........
Consumer Protection Act, 1986, Section 2(1)(g), Interest Act, 1978, Section 3, Civil Procedure Code, 1908, Section 34 -- Housing - Plot allotment - Interest rate - Charging on additional amount - Nothing in agreement which provides for rate of interest to be levied on the additional price on account of enhancement of acquisition cost - It has to be in keeping with..........
Criminal Procedure Code, 1973, Section 427 -- Two sentences - Running of - Power of court - Held, S.427, Cr.P.C. is very specific which provides for running of two sentences consecutive that is, one after another which is clear from language of sub-s.(1) of Section 427, Cr.P.C. that when a person already undergoing a sentence of imprisonment is sentenced on a subsequent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 36B, Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction u/s 8/15 NDPS Act - S.36-B of NDPS Act empowers the High Court to deal with the appeal and dispose of the same and exercise all powers conferred by Chapter XXIX and Section 374 Cr.P.C. - When view taken either by Session Judge or..........
Criminal Procedure Code, 1973, Section 438 -- Object - The object of the provision of S.438 IPC is to prevent undue harassment of the accused person by pre-trial arrest or detention - When conditions mentioned in the section are fulfilled, Court shall make an order that in the event of arrest the person shall be released on bail - Gravity of the offence is important factor..........
Criminal Procedure Code, 1973, Section 482 -- Offence whether made out under a specific provision of law - Held, even if an offence is made out under just one section, no ground exists for quashing the criminal proceedings - It will have to be appreciated during trial as to what offences are made out in the facts of the case...........
Criminal Procedure Code, 1973, Section 437 -- Fresh bail application - Bail obtained at stage of investigation u/ss 420, 504, 506 IPC - Subsequently summoning order issued u/ss 307/34, 420, 504, 506 IPC - Without surrender prayer for bail in the newly added section cannot be considered...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Efficiency bar - Concurrent findings that efficiency bar cannot be stopped merely because of some adverse remarks but there must be material on the service record to stop the efficiency bar - That being a finding of fact cannot be challenged in view of Section 100 CPC...........
Criminal Procedure Code, 1973, Section 374 -- Conviction - Appeal - Held, conjoint reading of sub-section (2) and (3) of S.374 of the Code makes it clear that an appeal by any person convicted by Sessions Judge or Additional Session Judge shall lie to High Court irrespective of quantum of punishment - Even an appeal by a person convicted on a trial held by any court other..........
